Terms of service

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (Warranty)
8. Redemption of Stores gift voucher
9. Redemption of Online Gift Voucher
10. Applicable law
11. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of KG Thomas i Punkt Modelle Handelsgesellschaft mbH & Co. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the goods presented by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts when concluding a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.

2.2 The customer can place the order using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer by e-mail, fax, online contact form, postal mail, or telephone to the seller.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive,
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive,
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the moment when the first of the aforementioned alternatives occurs. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order is submitted. No further provision of the contract text by the seller takes place. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login details. 

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 Additional regulation on the extended return period 
(valid from November 26, 2025, to January 6, 2026)

From November 26, 2025, to December 24, 2025, inclusive, we grant our customers an extended return period for items purchased in the online shop.

For all orders placed between November 26, 2025, and including December 24, 2025, the following applies:

• The regular return period is extended once until January 6, 2026.
• A prerequisite for a return is that the goods are in unused, original packaging and resalable condition.
• The statutory cancellation rights remain unaffected by this voluntary extension.
• After December 24, 2025, the regular return periods according to our General Terms and Conditions will apply again.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred on a case-by-case basis, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 About offer payment via Shopify Payments (credit card), PayPal, Sofortüberweisung, or Klarna. The option for a cash discount deduction is not available. About reserve the right to offer you only certain payment methods.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If you select a payment method offered via the payment service "Shopify Payments," the payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online store. To process payments, Stripe may use additional payment services that may have special payment terms, which the customer may be informed about separately. More information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de available.

4.6. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.

Payment is made to Klarna:

Invoice: The payment term is 14 days from the date of shipment. The invoice terms for deliveries to Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice and for deliveries to Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice.

Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the other conditions specified at checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information about installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

Sofort: Your account will be charged immediately after placing the order.

Direct debit: The amount will be debited after the goods have been shipped. The date will be communicated to you by email. (Please only list payment methods here that you also offer.)

The use of the payment methods invoice, installment purchase, and direct debit requires a positive credit check. Therefore, we forward your data to Klarna for the purpose of address and credit checks as part of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information and Klarna's terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_at/user.

General information about Klarna can be found here: http://www.klarna.comYour personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's Privacy Policy Germany/ Austria.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set out in the seller's withdrawal policy applies in the event of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for pickup, the customer can collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller advances performance, they reserve ownership of the delivered goods until full payment of the owed purchase price.

7) Warranty liability

Unless otherwise specified in the following provisions, the provisions of statutory warranty liability apply. Deviating from this, in contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects for new goods is one year from delivery of the goods;
• rights and claims due to defects are excluded for used goods;
• the limitation period does not start anew if a replacement delivery is made within the scope of warranty liability.

7.2 The above-regulated liability limitations and time reductions do not apply

• for claims of the customer for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no effect on their statutory or contractual warranty claims.

8) Redemption of Stores gift voucher

8.1 Vouchers with the addition Stores, which can be purchased through the seller's online shop (hereinafter "Stores gift vouchers"), can only be redeemed in our two Stores (Mönckebergstraße 21, 20095 Hamburg / Gänsemarkt 42, 20354 Hamburg). 

8.2 Redeeming the Stores gift vouchers in the online shop is not possible for technical reasons. Redemption of Store gift vouchers in the OMEN Café is excluded.

8.3 Store gift vouchers are provided to the buyer exclusively in paper form. Store gift vouchers can be sent by mail or picked up by the buyer in our Stores.

8.4 Store gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

8.5 If the value of the Store gift voucher is insufficient to cover the purchase, one of the other payment methods offered by the seller can be chosen to pay the difference.

8.6 The balance of a Store gift voucher is neither paid out in cash nor does it accrue interest.

8.7 In case of loss of No replacement will be provided to the buyer for Store gift vouchers.

9) Redemption of Online Gift Voucher

9.1 Vouchers with the addition Online, which can be purchased through the seller's online shop (hereinafter "Online gift vouchers"), can only be redeemed in our online shop www.thomasipunkt.de. 

9.2 Redemption of Online gift vouchers in Stores is not possible for technical reasons.

9.3 The Online gift vouchers are provided to the buyer exclusively in digital form. After a successful order, the buyer will receive an email at the specified email address.

9.4 Online gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.5 If the value of the Online gift voucher is insufficient to cover the purchase, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.6 The balance of an Online gift voucher is neither paid out in cash nor does it accrue interest.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.